A BOC-3 is the form that designates process agents, people in each state who can receive court papers for your company. FMCSA requires one before it activates a carrier's, broker's or freight forwarder's operating authority (MC number). Motor carriers usually have a process agent company file it electronically. You file it once, not every year.
Why the BOC-3 exists
A trucking company may operate in many states but be based in only one. If someone needs to sue the company, for example after a crash, they need someone in their state who can legally accept the papers. Federal law requires interstate carriers, brokers and freight forwarders to designate a process agent in each state where they operate (49 CFR Part 366). The BOC-3 is how that designation is filed with FMCSA.
Who must file a BOC-3
- For-hire motor carriers applying for interstate operating authority (an MC number)
- Brokers of property or household goods
- Freight forwarders
Private carriers hauling their own goods, and Texas intrastate-only carriers, don't need operating authority from FMCSA, so they don't file a BOC-3. Texas intrastate carriers register with TxDMV instead. See Texas intrastate operating authority.
How to file
- Apply for operating authority through FMCSA's registration system and get your USDOT and MC numbers.
- Choose a process agent company ("blanket" company) that has agents in all 50 states and the District of Columbia. Motor carriers must have the agent company file the BOC-3 for them electronically. Brokers and freight forwarders can file their own.
- The agent files the BOC-3 with FMCSA. FMCSA itself doesn't charge for it; process agent companies charge a one-time or annual fee that varies by provider.
- Make sure your insurance is filed too. FMCSA activates authority only after the BOC-3 and proof of insurance (or a broker's surety bond) are both on file and the protest period has passed.
How to check that a BOC-3 is on file
FMCSA's Licensing and Insurance (L&I) records show the BOC-3 status for each docket number. You can also look up the company in our DOT and MC number lookup to see its operating authority status and insurance filings.
When you need to file again
- You change process agent companies.
- Your authority was revoked (for example, after an insurance lapse) and you're applying for reinstatement, and the old designation is no longer valid.
- Your company's legal name or structure changes in a way that requires new authority.
Why it matters after a truck crash
For someone injured by an out-of-state trucking company, the BOC-3 identifies who can be served with a lawsuit in Texas. It's one reason the carrier's USDOT and MC numbers from the crash report matter. See how to look up a DOT or MC number.